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D V K KUMAR   04 May 2019

Compromise in 498a IPC case & aftermath

Dear Expert's, my question is whether compromising with wife PW1 before her chief examination in ongoing 498a IPC criminals case before JMFC court, can results in closing of ongoing 498a case or even after that trial would continue?

I had filed two perjury cases u/s 340, 195 CrPC r.w.s 191, 193, 197, 420, 467, 468, 471 IPC cases before Family Judge in which she appeared and took time for filing WS.

Expert's, please provide me proper guidance regarding compromise in 498a IPC criminal cases & it's consequences including quashing of chargesheet.

Best Regards 🙏
DVK


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 3 Replies

Vijay Raj Mahajan (Advocate)     04 May 2019

Compromise in criminal proceedings in S 498a IPC will comprise of all cases between both parties. Your complaints against the wife will also be compromised and you both move to live together or go in for divorce by mutual consent. The compromise will result in closure of all cases pending against each other at the stage where these are no further proceedings will take place. The compromise at subordinate court can be recorded by taking statement of both parties in all proceedings in all courts and the criminal as well civil cases are closed by the trial court itself. Otherwise you both go to High Court for quashing the FIR and criminal complaint case pending in subordinate courts. Both options open to you.
1 Like

D V K KUMAR   05 May 2019

Thanks Vijay Sir for your valuable advice.

S.JEEVAGAN, Madurai. (Advocate, High court )     30 May 2019

Offence under section 498A of IPC being non compoundable offence in most of the States in India, the de facto complainant cannot compound the offence in those States without the permission of the jurisdictional High court. Both the parties should arrive at an agreement and the wife should seek permission from the concerned high court to compound the offence based on the settlement with her husband. The high court, after satisfying itself that there has not been any coercion or undue influence on the wife in reaching the settlement, will quash the criminal proceedings against the husband and in laws based on their settlement.

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